Completion of transfer registration and loss of ownership;

Any person who has acquired the ownership by completing the registration of ownership transfer concerning real estate shall acquire the total ownership of such real estate and simultaneously lose the ownership completely.

Articles 186 and 213 of the Civil Act

Supreme Court Decision 4293Sang437 Delivered on October 19, 1961

[Judgment of the court below]

Defendant

Seoul Civil District Court Decision 78Na933 delivered on April 26, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal are examined.

Based on its reasoning, the court below rejected the Plaintiff’s claim on the premise that the ownership was lost because the Plaintiff lost its ownership to the land in this case, although the land in this case was owned by the Plaintiff at the time of the conclusion of the argument at the court below, ( Address 1 omitted) land was ( Address 2 omitted) land to Nonparty 1 at the time of the conclusion of the argument at the court below. Thus, the Plaintiff rejected the Plaintiff’s claim on the premise that the Plaintiff did not have any ownership on the land in this case under the premise that the ownership was lost. The person who acquired ownership by completing the registration of ownership transfer on the real estate in our legal system, acquired the entire ownership on the real estate, and at the same time the former owner lost its ownership entirely (see Supreme Court Decision 4293No437 delivered on October 19, 1961). Thus, the court below’s above decision cannot adopt

Therefore, the appeal shall be dismissed and the costs of the appeal shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-chul (Presiding Justice)